Drug Crimes (O.C.G.A. § 16-13-30)

Georgia’s drug laws are complex and encompass a variety of statutes governing the possession, distribution, and trafficking of controlled substances. This page provides an in-depth look at the main statutes and the range of punishments under Georgia law, highlighting the unique aspects of these laws compared to other states.

Key Drug Statutes in Georgia

Possession of Controlled Substances (O.C.G.A. § 16-13-30)

This statute criminalizes the possession of any controlled substance. The severity of the charge depends on the type of drug and the amount in possession. For example, possession of Schedule I substances or narcotics from Schedule II (like cocaine or heroin) can lead to felony charges, whereas possession of less than an ounce of marijuana is usually a misdemeanor.

Sale, Manufacture, and Distribution (O.C.G.A. § 16-13-30)

Georgia law harshly penalizes the sale, manufacture, and distribution of controlled substances. These are typically felony charges, with penalties varying based on the substance type, quantity, and whether the sale occurred near schools or other designated areas.

Trafficking (O.C.G.A. § 16-13-31)

Drug trafficking involves the possession, sale, manufacture, or distribution of large amounts of controlled substances. The penalties are particularly severe and depend on the drug type and quantity. For example, trafficking more than 28 grams of cocaine can lead to a minimum of 10 years in prison.

Range of Punishments

  • Misdemeanors: Generally, these carry a penalty of up to 12 months in jail and/or a fine of up to $1,000.
  • Felony: Penalties can range from 1 year to life in prison, depending on the offense’s nature and severity, and fines can be significantly higher.

Comparative Aspect of Georgia’s Drug Laws

Compared to some other states, Georgia is known for its stringent drug laws, especially concerning trafficking and distribution. The state enforces mandatory minimum sentences for certain drug offenses and has not decriminalized marijuana like some other states.

Georgia’s drug laws are complex and can lead to serious legal consequences. It’s important for individuals facing drug charges in Georgia to understand these laws and seek qualified legal representation.

Disclaimer: This page is for informational purposes only and does not constitute legal advice. Legal outcomes can vary based on individual circumstances. For specific legal advice, please consult with a qualified attorney.